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(영문) 제주지방법원 2015.05.29 2015고단370

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 14, 2015, around 05:23, the Defendant committed an indecent act by force, such as: (a) the victim E (at the age of 19) placed prior to the D coffee shop delivery located in C, and (b) the victim’s left side her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part.

Summary of Evidence

1. Legal statement of witness E;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to report internal accidents (a CCTV investigation into CCTVs for crackdown on parking and stopping violations), investigation reports (Attachment to guidance for the moving routes of suspects);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The punishment of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as ordered in consideration of the degree of indecent act, the primary offender, the age, character and conduct, environment of the defendant, circumstances before and after the crime, etc.

Where this judgment becomes final and conclusive, the defendant becomes a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.